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(영문) 서울중앙지방법원 2017.08.09 2016가단154435
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The history of each of the instant lands 1) The Dongdaemun-gu Seoul Metropolitan Government 3,430 square meters of forest land C (hereinafter “land before division”)

On November 11, 1978, the registration of conversion into the area of 105 square meters of forest land into the area of 11,338 square meters was divided on December 26, 1978, and ① 11,233 square meters of forest land, ② 105 square meters of D forest land became 105 square meters following the change of administrative district, lot number, and land category; ② 11,233 square meters of C forest land into the 11,233 square meters of river in Dongdaemun-gu Seoul Metropolitan Government (hereinafter “instant 2 land”); ② 105 square meters of D forest land into the 105 square meters of forest land in Dongdaemun-gu Seoul Metropolitan Government (hereinafter “instant 1 land”).

(hereinafter referred to as “each land of this case”). B.

1) The present status of each land of this case is indicated as being constructed before 1972 on the river ledger and the river ledger map of the Seoul City, “the plan to examine the level of safety of the river bank and to establish the flood control measures (190)”. The land of this case was incorporated into the river area of F, a national river. The land of this case was installed as G road in the above bank, and the land of this case was currently used as I and roads because there were the sections entering H, and the land of this case was currently used as F, a national river. 2) The land of this case was located within the river area of F, a national river, as the construction of F, and was not incorporated into the river area of F, a national river.

3) The instant land was used as a road since before 1972. The Defendant, on May 3, 199, announced the Dongdaemun-gu Road Route Recognition Publication (Dongdaemun-gu Publication), and the instant land is part of K (former L). C. The entry of the land cadastre and the copy of the register as to each of the instant land in each of the instant land in the Chinese-style land in the column for the Chinese-style land cadastre as to the land before subdivision was the owner of M Co., Ltd., and the ownership was transferred to the State on September 11, 1965 to theO located in N on January 11, 1965, and the ownership was transferred to the owner on the Chinese-style land in the column for the Chinese-style land cadastre as to each of the instant land in each of the instant land in each of the instant land and the ownership was transferred to the State (State).

2) As to each of the instant lands, a card-type land cadastre and land cadastre (as to each of the instant lands, the issuance on September 3, 1996, and the instant case.

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